Monday, October 31,
2005

Nominee Samuel Alito may be our next Supreme Court justice. Bush, showing he has learned from the Miers mess, carefully drew attention to a few points in his nomination speech.

Judge Alito has served with distinction on that court [the 3rd Circuit Court of Appeals] for 15 years, and now has more prior judicial experience than any Supreme Court nominee in more than 70 years.

He has participated in thousands of appeals and authored hundreds of opinions. This record reveals a thoughtful judge who considers the legal merits carefully and applies the law in a principled fashion.

He has a deep understanding of the proper role of judges in our society. He understands that judges are to interpret the laws, not to impose their preferences or priorities on the people.

Alito himself showed why he was on the short-list of conservatives with his follow-up introduction.

Every time that I have entered the courtroom during the past 15 years, I have been mindful of the solemn responsibility that goes with service as a federal judge. Federal judges have the duty to interpret the Constitution and the laws faithfully and fairly, to protect the constitutional rights of all Americans, and to do these things with care and with restraint, always keeping in mind the limited role that the courts play in our constitutional system.

I am happy with Alito nomination, even though I wish he were younger. At 55, he is pushing the envelope of what I would call an effective nomination given that no one knows who may hold the presidency when Alito dies or retires. However, I like everything else. He has been a voice of reason on the liberal 3rd Court. Alito is a family man, so his children will be impacted by his decisions. And as President Bush so emphatically pointed out, Alito has more judicial experience than any Supreme Court nominee in seven decades.

Many Republicans have already provided press releases supporting Alito. No surprise there, what do you expect them to say? The big surprise with Miers is that Bush's base didn't think she was qualified. I find the response of liberals to be far more enlightening. Many liberals, including Henry Reid, were strong supporters of Miers. The Seattle Post-Intelligencer has compiled some quotes. I've copied those of influential Democrats.

The nomination of Judge Alito requires an especially long, hard look by the Senate because of what happened last week to Harriet Miers. Conservative activists forced Miers to withdraw from consideration for this same Supreme Court seat because she was not radical enough for them. Now the Senate needs to find out if the man replacing Miers is too radical for the American people. Senate Minority Leader Harry Reid, D-Nev

Rather than selecting a nominee for the good of the nation and the court, President Bush has picked a nominee whom he hopes will stop the massive hemorrhaging of support on his right wing. This is a nomination based on weakness, not strength. Sen. Edward M. Kennedy, D-Mass

President Bush put the demands of his far-right political base above Americans' constitutional rights and legal protections by nominating federal appeals court Judge Samuel Alito to replace retiring Supreme Court Justice Sandra Day O'Connor. Ralph Neas, president of the liberal People For the American Way

It is sad that the president felt he had to pick a nominee likely to divide America instead of choosing a nominee in the mold of Sandra Day O'Connor, who would unify us. This controversial nominee, who would make the court less diverse and far more conservative, will get very careful scrutiny from the Senate and from the American people. Sen. Charles Schumer, D-NY

Now the gauntlet has been, I think, thrown down. It was humiliating, it was degrading and it's a profound and distributing view of Judge Alito that he would uphold spousal notification as he did in the Pennsylvania case, and it raises concerns about his views of women. Kate Michelman, former president of NARAL-Pro Choice America

Wow! Even if I knew absolutely nothing of Alito, the contrast between how the liberals treated the nominations of Miers and Alito is quite illuminating. Any nominee who can instantly reveal such animosity from Senators Reid, Kennedy, and Schumer as well as past and present leaders of very liberal political organizations is doing something right.

Alito is the third nominee for Supreme Court Justice O'Conner's seat. The first, Roberts, was appointed as Chief Justice when Rehnquist died. Miers withdrew her nomination after seeing that her nomination was splitting the Republican Party. Alito's nomination may cause a fight between liberals and conservatives in the Senate, but will draw conservatives together again. Assuming we do not find out any negative surprises about Alito, let's help him get confirmed by sending letters to our senators as well as key senators with presidential aspirations. However, after all the obviously delight the Democrats showed when the correctly commented that the Miers nomination was splitting the party, don't forget to enjoy the public display of liberals gnashing their teeth over the nomination of someone who is unlikely to legislate from the bench.

Monday, October 10,
2005

Merkel To Be German Chancellor
(09:07AM)

Three weeks after Germany's election, conservative leader Angela Merkel is set to become Germany’s first female chancellor.

Under the power-sharing agreement, Schroeder’s Social Democrats would get eight seats in the Cabinet, compared with six for Merkel’s Christian Democrats and the Christian Social Union.

The fat lady still hasn't sung in Germany the BBC reports that the power sharing agreement is only be the start of a lengthy and more detailed negotiation on the small print of future government policy. According to the Associated Press, the power sharing deal, even though approved by party leader, must still be approved by party conferences and in parliament. That process could take several more weeks.

Wednesday, October 5,
2005

Schwarzenegger Signs Viagra Ban For Sex Offenders
(12:11PM)

In a move that I think everyone can agree is common sense -- except for sex offenders with impotency -- Governor Arnold Schwarzenegger signed a bill banning the state health care system from paying for Viagra for poor sex offenders. I still don't understand why taxpayers should end up paying for anyone's Viagra, but especially in the case of a sex offender. If anything, erectile dysfunction drugs should be outlawed to anyone with sex offender status.

In addition Schwarzenegger also signed bills allowing children to testify in court via closed circuit television, prohibiting parents from having custody of their children if the parent lives with a registered sex offender, blocking the state's Department of Mental Health from placing sexually violent patients near schools after release from treatment and allowing state and local officials to use global positioning systems to monitor parolees.

That number has dropped from 40 percent in August 2004 who thought the Democrats were friendly to religion to 29 percent now.

“The change is seen across all groups,” said Scott Keeter, director of survey research for the Pew Research Center, which conducted the poll for the Pew Forum on Religion and Public Life.

After President Bush's reelection, the Democratic National Committee initiated numerous efforts to strengthen its standing with religious voters:

The DNC hired someone to coordinate religious outreach, encouraged state parties to work more closely with the religious community, and had Chairman Howard Dean meet with clergy and others in the religious community during his travels around the country.

According to the poll's findings, the Democrats have experienced a sharp erosion in the number of Americans who believe the party is friendly toward religion. Only about three-in-ten (29%) see the Democrats as friendly toward religion, down from 40% last August.

Monday, August 29,
2005

Trying To Split The Immigration Baby
(02:58PM)

The Associated Press reports that President Bush is moving toward allowing illegal aliens who came to the U.S. before February 2004 to qualify for guest-worker visas. Illegal aliens arriving after that date would be deported:

“They're trying to split the baby,” Sen. John McCain, R-Ariz., said of the White House plan, “and I don't think they can do that.”

The proposed McCain-Kennedy approach to immigration reform would create 400,000 three-year visas for guest workers and would let undocumented workers stay in the U.S. while they apply for the program. The Cornyn-Kyl proposal would create two-year visas and require that guest workers and illegal aliens leave the U.S. before they can apply for the chance to work legally in the country.

According to the Associated Press, President Bush does not favor requiring illegal aliens to be sent home to apply for the visas.

Thursday, August 18,
2005

Last Friday Judge L. Phillips Runyon III dismissed trespassing charges against Ramirez and seven other illegal aliens. The illegal aliens, from Mexico, Brazil and Colombia, were charged with trespass after traffic stops when they produced fake identification and admitted they were in the country illegally.

The Daily News Tribune reported that Judge Runyon agreed with defense lawyers that the police chiefs in New Ipswich and Hudson were improperly trying to enforce federal laws:

“The criminal trespass charges against the defendants are unconstitutional attempts to regulate in the area of enforcement of immigration violations, an area where Congress must be deemed to have regulated with such civil sanctions and criminal penalties as it feels are sufficient,” Jaffrey District Court Judge L. Phillips Runyon III ruled.

[. . .]

“The current charges clearly conflict with the comprehensive menu of federal immigration offenses, sanctions and penalties by attempting to add a new one to them,” Runyon wrote.

He said federal law has a mechanism to let local officers assist in enforcing immigration law.

“This role for local law enforcement exists within the federal plan for enforcing immigration violations, which is further indication that Congress intended to preclude any local efforts which are unauthorized or based on other than federal law,” he said.

Thursday, August 11,
2005

Arizona's law prohibiting illegal aliens from receiving some public benefits has survived a challenge by the Mexican American Legal Defense and Educational Fund.

The Washington Times reports that a three-judge panel of the U.S. 9th Circuit Court of Appeals in San Francisco dismissed a lawsuit challenging the constitutionality of Arizona's Proposition 200:

“The appeal is dismissed for want of jurisdiction. The district court record reveals that there was no case or controversy between plaintiffs and the state of Arizona when pleadings were before the district court,” the panel said.

Proposition 200, won approval from 56 percent of the voters in November's election.Under the law, state and local government employees to verify the immigration status of those seeking public benefits they are prohibited from receiving under federal law and to report to federal immigration authorities any applicant who is in violation of U.S. immigration law. State employees are also subject to criminal charges if they fail to report illegals aliens, and requires people to show proof of citizenship when registering to vote.

It seems the left over campaign signs from the 2004 Presidential elections have barely rotted away when TV, radio, and newspaper ads touting the efforts of a would-be candidate are starting to make their presence known.

Former 2004 running mates Senator John Kerry and ex-Senator John Edwards were slated to visit the state today, though there apparently no plans for them to meet. This is Edwards' third visit this year. There's no doubt in my mind that they're both planning another run for the White House.

Those supporting the idea of Hillary Clinton running for president will be visiting later and will be funding ads supporting her run.

Tuesday, July 26,
2005

Trade, not Aid: Critical CAFTA Vote this Week
(11:58AM)

by Robin Burk

From time to time I've been posting articles about Latin America, specifically Hugo Chavez in Venezuela of late. The region is an important one globally, our closest geographic neighbors after Canada and one that I think potentially poses either great opportunities or, as I fear, serious security and other challenges in the coming decades.

The countries of Latin America have had varied histories, but most have experienced a lot of poverty and political repression, some of which the U.S. has turned a blind eye to — or quietly supported. Now these countries are linking into the global economic, trade and political networks that so characterize our times. The question is, WHICH networks will they join, and to what end?

If we are wise and lucky, it will be the Central American and Dominican Republic Free Trade Agreement. Unfortunately, many Senators (primarily Democrats) oppose CAFTA and it is in danger of not being approved here. U.S. failure to approve this agreement will do more than sabotage a fledgling trade pact: it may well doom our relationships with Latin America permanently, as Andres Oppenheimer notes. And that will do more than create tensions or foster continued economic and political problems for Central America. (h/t Publius Pundit)

It just might mean that those countries actively align with China, harbor Islamacist and other terror groups and pose a serious security threat to the U.S. and allied nations.

Sunday, July 24,
2005

Republican candidate calls for Bush impeachment
(08:08PM)

Dennis Morrisseau is a retired restaurant owner from West Pawlet, Vermont who's running as a Republican for the seat being vacated by Bernie Sanders. If elected, he promises to bring articles of impeachment against president Bush. Morrisseau doesn't appear to have a web site, and in lieu of a national party he's trying to go the grassroots route a la Howard Dean.

“This leadership isn't very Republican and I don't think it's very popular with Vermont Republicans… Republicans in this state tend to be mind-your-own-business people, keep taxes low and government small… [Former VT Gov. Deane Davis] was the best environmentalist we had in this state… That's Republicanism in Vermont. We like small businesses. We're afraid of outsiders and large businesses. That's what I'm about…. I think I've got a great shot… There's been movement since the election, if you track the polls. That's not just Democrats, that's Republicans, too. Down in southern Vermont, [Bush] is reviled among Republicans.”

If his message gets any further attention, expect the fact that he was one of the founders of VT's liberal, anti-Vietnam War Liberty Union Party as well as the fact that he's a former Democrat to be used against him.

Disclaimer:I grant that this is one person's opinion, and I will present it without commentary.

I just had a conversation with a source, (said source wishes to remain anonymous for professional reasons), intimately familiar with the Fifth Cicuit and got the following reaction to the possibility of the nomination of Judge Clement:

“Not much of a worker”

“Not the sharpest pencil in the box”

“A completely average federal judge”

All in all, my source believes that this is somewhat of a stealth nomination, and that the lack of a track record may be her most appealing qualification.

Supreme Court Pick to Come Tonight
(01:37PM)

President Bush will name his selection for the open seat on the U.S. Supreme Court Tuesday night at 9 p.m. EDT, a senior administration official said.

[…]

The name at the top of the list appears to be that of Judge Edith Clement (search), a judge on the U.S. Court of Appeals for the 5th Circuit in New Orleans. Activists have already prepared a video testimonial from long-time lawyer friends of Clement, who is known by the nickname “Joy.”

FOX News has learned that Clement has already been interviewed by Vice President Dick Cheney, a possible sign that she is the choice for the high court.

Particularly active: Pataki (NY), Vilsack (Iowa), and Huckabee (Arkansas). Oh, and Romney (MA). Those who read this page have heard me say it before: Keep and eye on Romney — he's gonna get the nod before all is said and done.

Thursday, July 14,
2005

Rehnquist Won’t Resign
(10:09PM)

The Associated Press reports Chief Justice William H. Rehnquist, says he will continue heading the court as long his health permits:

“I want to put to rest the speculation and unfounded rumors of my imminent retirement,” Rehnquist, 80, and ailing with thyroid cancer, said in a statement obtained by The Associated Press. “I am not about to announce my retirement. I will continue to perform my duties as chief justice as long as my health permits.”